Privacy Policy
Last Updated: May 1, 2022
INTRODUCTION
This Privacy Policy (this “Policy”) represents the policy of Law Offices of Howard J. Finkelstein (the “Firm”) regarding the collection, use and management of personal data belonging to all visitors (“Users”) to the Firm’s website located at hjflaw.com (the “Website”).
In order to ensure the free, informed and unambiguous consent of our Users to the collection and use of personal data, the Firm requires all Users to read this Policy and accept the terms and conditions contained herein, together with consent to release personal data subject to such terms and conditions.
OVERVIEW
This Policy addresses the following topics:
- What data do we collect?
- How do we collect your data?
- How will we use your data?
- How do we store your data?
- Data retention and deletion
- Data usage and processing
- Data sharing and disclosure
- Marketing
- What are your data protection rights?
- What are cookies?
- How do we use cookies?
- What types of cookies do we use?
- How to manage your cookies
- Privacy policies of other websites
- Changes to our privacy policy
- How to contact us
- How to contact the appropriate authorities
WHAT DATA DO WE COLLECT?
The Firm may collect the following data on all Users:
- Personally identifiable information, including name, email address and phone number
- Information on your browser, IP address, location and device
- Information on your behavior on our website, including pages viewed, links clicked and actions taken
- Demographic information
- Location data, including User location searches
- Communications data, including messages, comments or file transmissions
- About your internet connection, the equipment you use to access the Website and usage details.
Children Under the Age of 13
The Website is not intended for children under 13 years of age without parental consent. No one under age 13 may provide any information to or on the Website without parental consent. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].
California residents under 13 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your California Privacy Rights (below) for more information.
HOW DO WE COLLECT YOUR DATA?
Users provide data directly to the Firm. The Firm collects data and processes data when Users:
- Voluntarily complete a survey or provide feedback through the Website or via email
- Use or view the Website via their browser’s cookies
- Submit content to the Website, like reviews, messages or comments
- Enable access to their device’s location-tracking functionality, whether the Website is running in the foreground (Website open and on-screen) or background (Website open but not on-screen). Certain functionality may be affected while location data is turned off.
HOW WILL WE USE YOUR DATA?
The Firm collects data from Users for the following purposes:
- To enhance the safety and security of Users
- For customer support
- For research and development
- To enable communications between Users
- To send marketing and non-marketing communications to Users
- In connection with legal proceedings
The Firm does not sell or share user personal data with third parties for their direct marketing, except with Users’ consent.
HOW DO WE STORE YOUR DATA?
The Firm stores User data securely on servers leased from a reputable third-party hosting service located in the United States.
DATA RETENTION AND DELETION
Users may request deletion of their information at any time. Following such requests, the Firm deletes the data that it is not required to retain for purposes of regulatory, tax, insurance, litigation or other legal requirements. For example, the Firm retains location, device and usage data for these purposes for a minimum of 7 years; while it retains such data, it may also use it for purposes of safety, security, fraud prevention and detection, and research and development. In certain circumstances, the Firm may be unable to delete a User’s information, such as if there’s an unresolved claim or dispute. Upon resolution of the issue preventing deletion, the Firm will delete the information as described above.
The Firm may also retain certain information, if necessary, for purposes of safety, security and fraud prevention. For example, if the Firm revokes a User’s access because of unsafe behavior or security incidents, the Firm may retain certain information about that account to prevent that user from accessing the Website in the future.
DATA USAGE AND PROCESSING
We collect and use personal data only when we have one or more lawful grounds for doing so. Such grounds may vary depending on where our Users are located, but generally include processing personal data:
- For purposes of the legitimate interests of the Firm or other parties
This includes using personal data to maintain and enhance our Users’ safety and security. This also includes purposes such as combating fraud; improving our services; and direct marketing, research and development. It also includes using personal data to the extent necessary for the interests of other people or the general public, such as in connection with legal or insurance claims, and to protect the rights and safety of others.
- To fulfill the Firm’s legal obligations
We collect and use personal data to comply with applicable law. The Firm may also share data with law enforcement regarding criminal acts or threats to public safety, or requests by third parties pursuant to legal processes.
- With consent
The Firm may collect and use personal data based on the User’s consent. For example, we may collect personal data through voluntary surveys. Responses to such surveys are collected on the basis of consent and will be deleted once no longer necessary for the purposes collected. A User who has provided consent to a collection or use of personal data can revoke it at any time. However, the User will not be able to use any part of the Website that requires collection or use of that personal data.
DATA SHARING AND DISCLOSURE
Some of the Website’s features require that we share data with third parties, affiliates, subsidiaries and partners, for legal reasons or in connection with claims or disputes. This Section does not apply to privileged and confidential information shared by clients with the Firm, the confidentiality and protection of which is governed by the applicable rules of the New York Rules of Professional Conduct governing attorneys (the “Rules”). This Section does apply to information collected from client and non-client Users which is not subject to legal privilege under the Rules.
The Firm may share the data we collect:
- At the User’s request
This includes sharing data with:
- Other people at the User’s request.
- Firm business partners.
- With the general public
Questions or comments from Users submitted through public forums such as the Firm blogs and the Firm social media pages may be viewable by the public, including any personal data included in the questions or comments submitted by a User.
- With Firm service providers and business partners
The Firm provides data to vendors, consultants, marketing partners, research firms, and other service providers or business partners. These may include:
- Payment processors and facilitators
- Background check and identity verification providers (as applicable)
- Cloud storage providers
- Marketing partners and marketing platform providers, including social media advertising services
- Data analytics providers
- Research partners, including those performing surveys or research projects in partnership with the Firm or on the Firm’s behalf
- Vendors that assist the Firm to enhance the safety and security of its apps
- Consultants, lawyers, accountants and other professional service providers
- Insurance and financing partners
- For legal reasons or in the event of a dispute
The Firm may share Users’ personal data if we believe it’s required by applicable law, regulation, operating license or agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns. This includes sharing personal data with law enforcement officials, public health officials, other government authorities or other third parties as necessary to enforce our policies; to protect the Firm’s rights or property or the rights, safety or property of others; or in the event of a claim or dispute relating to the use of our services. This also includes sharing personal data with others in connection with, or during negotiations of, any merger, sale of Firm assets, consolidation or restructuring, financing or acquisition of all or a portion of our business by or into another company.
- With consent
The Firm may share a User’s personal data other than as described in this notice if we notify the User and they consent to the sharing.
MARKETING
The Firm may send Users information about products and services of the Firm, always with the consent of the User. If you have agreed to receive such marketing materials, you may always opt out at a later date. You have the right at any time to stop the Firm from contacting you for marketing purposes.
WHAT ARE YOUR DATA PROTECTION RIGHTS?
The Firm is committed to making you fully aware of all of your data protection rights. Every User is entitled to the following:
The right to access – You have the right to request from the Firm copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that the Firm correct any information you believe is inaccurate. You also have the right to request the Firm to complete information you believe is incomplete.
The right to erasure – You have the right to request that the Firm erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that the Firm restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to the Firm’s processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that the Firm transfer the data collected to another organization, or directly to you, under certain conditions.
If you make a request, the Firm has one month to respond to you. If you would like to exercise any of these rights, please contact us at the information set forth below.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits residents of the State of California to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are required to respond to a customer request only once during any calendar year. To make such a request you should contact us at the information provided below. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information sharing that is covered will be included in our response.
WHAT ARE COOKIES?
Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit the Website, we may collect information from you automatically through cookies or similar technology. For further information, visit allaboutcookies.org.
HOW DO WE USE COOKIES?
The Firm uses cookies and similar technologies for purposes such as:
- Authenticating Users
- Remembering User preferences and settings
- Determining the popularity of content
- Delivering and measuring the effectiveness of advertising campaigns
- Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet and to track and report on the performance of those.
HOW TO MANAGE YOUR COOKIES
You can set your browser not to accept cookies, and you can remove cookies from your browser. However, in a few cases, some of the Website features may not function as a result.
PRIVACY POLICIES OF OTHER WEBSITES
The Website contains links to and incorporates information from other websites. This Policy applies only to the Website. If you navigate to any other website from a link on the Website, you should review the privacy policy of such website.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our Policy on this page. If we make material changes to how we treat our users’ personal information, we will do so through a notice on the Website home page. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.
HOW TO CONTACT US
If you have any questions about this Policy, the data we hold from you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us:
Email: [email protected]
HOW TO CONTACT THE APPROPRIATE AUTHORITIES
Should you wish to report a complaint or if you feel that the Firm has not addressed your concern in a satisfactory manner, you may contact your local Data Protection Authority.
We partner with Thomson Reuters, who might also collect data as part of our marketing efforts. To learn more about the Thomson Reuters privacy policy and the data that might be collected, please visit: Thomson Reuters Privacy Statement.